NICHOLS, Presiding Judge.
1. The judgment of this court ( Pickens v. State, 109 Ga. App. 747, 137 S.E.2d 404), dismissing the writ of error, having been reversed by the Supreme Court of Georgia ( Pickens v. State, 220 Ga. 329, 138 S.E.2d 655), the judgment of this court is vacated.
2. The facts of this case raise a question identical to the question decided in Fair v. State, ante; therefore, this case is controlled by the decision in Fair v. State, and the judgment of the trial court must be affirmed.
Judgment affirmed. Hall and Russell, JJ., concur.
DECIDED NOVEMBER 4, 1964 — REHEARING DENIED NOVEMBER 17, 1964.